Delhi

West Delhi

CC/17/698

SITA RAM - Complainant(s)

Versus

NEW PRITPAL SOLUTIONS - Opp.Party(s)

08 Aug 2018

ORDER

 

                    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                           GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

                                                                                                 Date of institution: 01.12.2017

Complaint Case. No.698/17                                                    Date of order:    08.08.2018

IN  MATTER OF

Sita Ram S/O Shri Om Prakash, A-482, Hastsal Colony, Uttam Nagar, New Delhi-110059                                                                                                                                                                                                                                                                  Complainant

VERSUS

New Pritpal Bus service, 6/1 Prem Nagar, New Delhi-110018 

                                                            Opposite party  

                       

                                                                                                                                                                                                                                                  

                                    ORDER

PUNEET LAMBA, MEMBER

Briefly case of Shri Sita Ram complainant named above is that the complainant for some personal family programe booked  47 seater bus of OP vide booking  agreement number 299. But the OP instead of 47 seater bus sent smaller bus bearing no. DL-1PC-4667 with capacity of 27 seats only due to which complainant’s  guests  had to face difficulty and  had to adjust in a small bus and some of the guests even refused  to accompany in the function.  The complainant was humiliated in front of his guests and relatives. He had to face mental agony.  Though he  has paid full  amount as per the terms and conditions of the op, yet due to deficiency in service on part of OP the complainant also suffered financial losses. Hence the present compliant for directions to OP to pay of Rs. 2,00,000/- compensation on account of unfair trade practice, deficiency in service on the part of the opposite party, mental and  physical agony suffered by him and loss of reputation in brotherhood.

Notice of the complaint was given to the opposite party. But despite service none put in appearance on behalf of the opposite party. Therefore, the opposite party was proceeded ex-parte vide order dated 05.02.18. When the complainant was asked to lead ex-parte evidence, he filed affidavit narrating  facts of the complaint and relied upon bill no.229 , letter dated 07.11.2017 and video CD.

We have heard the complainant and have gone through material available on record.

The version of the complainant and documentary evidence leed by him have remained un-rebutted and unchallenged. Therefore, there is no reason to disbelieve the un-rebutted and unchallenged version and evidence of the complainant. From the perusal of receipt no. 229, it is crystal clear that the complainant booked one Bus with seating capacity of 47 seats for 01.11.2017 and for which advance amount of 2,000/- was paid and the balance amount of Rs.2000/- was paid on 01.11.2017.  The receipts shows that the complainant has confirmed the booking according to the conditions mentioned on the booking agreement. We have also seen the video CD of the complainant and from letter dated 07.11.2017 it reveals that the Op instead of sending 47 seater bus provided 27 seater bus. Though the bus was sent but of smaller capacity. Never the less the complainant had to cut a sorry figure in front of his relatives and guests.  Therefore, it is clear that the opposite party did not provide service to the complainant as required though was paid full amount as per the agreement. Hence, there is deficiency in service on the part of the opposite party. Therefore, we are of view that the op is liable to compensate the complainant due to whom he suffered mental and physical agony and loss of reputation in the brotherhood.  

In light of above discussion and observations we award a sum of  Rs. 2,000/- to the complainant with interest @ 6% p.a. from the date of filing the complaint till actual realization of the amount and also award a sum of Rs. 5,000/- as compensation for mental physical agony and loss of reputation before his guests.

Order pronounced on :- 08.08.2018

 

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                                                                                              (K.S. MOHI)                       MEMBER                                                                                                          PRESIDENT